Appellate Division: Second Judicial Department

M211982

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-10205, 2015-10208 Francis Donahue, et al., appellants-respondents, v Henry Matthews, respondent-appellant. (Index No. 25751/10)

ORDER TO SHOW CAUSE

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from two orders of the Supreme Court, Kings County, dated February 23, 2015, and July 20, 2015, respectively.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal from the order dated February 23, 2015, in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701) and leave to appeal has not been granted, and dismissing the appeal and cross appeal from the order dated July 20, 2015, in the above-entitled action on the ground that no appeal lies from an order denying reargument, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before June 14, 2016; and it is further,

ORDERED that the application is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

BALKIN, J.P., HALL, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court